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Page:United States Reports, Volume 2.djvu/13

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- I-`cnaur. Coursr or Arrests. g gd. Becaufe the proceeds of this cargo were to be remit, 178r. ted from Holland to the owners relidents in Great Britain. vw`.! 4th. Becaufe the voyage was in fa& calculated for Great Britain and for Anyferdrun in Holland, and therein was a breach _ of the articles of capitulation, and a forfeiture of its proteélion. sth. Becaufe the cargo on board was the property of Bri- ? fubjetls not relidents, nor owning ellates, ln Daeninira, and ercfore not within the otc£l:ion of the capitulation. The lirli, fourth, and fiilith grounds, apply to thewhole cargo, and the fecond and third to the principal part of it. V'hether the articles of capitulation extend protection to pro- perty after lhipped andon its pallage at fea, depends on the r gtlx article, andthe general tendency and fcope of the capitulation itllclfs 5f` The main deligkrjof the capitulants was, toobtain a perfect fe- curity for theire tes and propgl; and a full exercife of all the rights of property and own ip : And one great objef} with the Frm-b General was, to fécure to Frm-: the commerce of the Illand, and all its advantages, emohnnenrs and revenues; but it was inconlillcnt with the dcigu and objef}, which both had in view, to open to Franc}: and capture the produce . ofthellland, and propertyofthecapi ts, asfoonasa·lloat at fea. · This would have in'ured the rights of property, difcouraged the labour and agriculiurc of the Illand, lcllicned its exports, and diminiihcd the revenues of its g0VCI1lmc¤t. ` But the thirteenth article (`eems decilire : it ltipulates “ that _ “ the.£I:rrl·ant.r and Inbabitavdr of this Illand, included in the “ prefent capitulation, lhall enjoy all theprivileges of trade, and •* on the {anne conditions as are granted to the fulyjeéis of his _•• molt Cbrjhhn Mgr/iy, throughout the extent o hisdomie » _ . ft nions." .

 3,-. < ,By this article the capitulants are placed, with regard to

- r g`; `their trade and commerce, on an equal footing with the ihbjééis -- of Manu; every commercial privilege whic the fubjeéts of France enjoy is conceded to the capitulants; but it is certainly one privilege which a fulyjeél: of Franc: enjoys, that his proper- ty at {ea, in the line of a air trade and commerce, {hall not ln: captured as prize by Ewa.-b fubjecls gconfequently the cargo in this cafe, which is the property of capitulants, cannot be fub'e& as prize tr. i·i·¢·nt·b captures. But is it allttd, *• was it not “ i!ub'e£l: to Briryiv capture" ? The article, it is faitl, llipulatos, that the trade lhali be carried on upon tb.-like conditicn with the gi-enrlw trade, and the French trade is fubjcél to interruption by riri ca ture. - l-iii! thai) capitulation llipulated generally, that the capitulantc Itould cxcrcifc all the rights and privileges of tradc cxcrclfedtply